Supplying parts of buildings having different Owners or tenants Breaking up passages, etc. Compensation Procedure Location of works Limitation of powers of company Privileges of other companies Individual rights 93. When there are buildings within the municipality the different parts whereof belong to different proprietors or are in possession of different tenants or lessees the company may carry pipes, wires or conductors to any part of any building so situate passing over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, water or electricity to the property of another or in the possession of another and such pipes, wires or conductors shall be carried up and attached to the outside of the building. R.O. c. 30, s. 96; No. 17 of 1891-92, s. 4. 94. The company may also break up and uplift all passages common to neighbouring proprietors or tenants and dig or cut trenches therein for the purpose of laying down pipes, wires or conductors or taking up or repairing the same doing as little damage as may be in the execution of the powers granted by this Ordinance. R.O. c. 30, s. 97; No. 17 of 1891-92, s. 4. 95. Every company shall make satisfaction to the owners or proprietors of buildings or other property or to the public for all damages by them sustained in or by the execution of all or any of the said powers subject to which provisions this Ordinance shall be sufficient to indemnify every such company and their servants, and those by them employed, for what they or any of them do in pursuance of the powers hereby granted. (2) Every person claiming compensation from the company under this section shall proceed by originating summons in the judicial district in which the damages are alleged to have been committed. R.O. c. 30, s. 98; No. 17 of 1891-92, s. 5. 96. Every such company shall construct and locate their gas works, water works or electric or telephone system and all apparatus and appurtenances thereto belonging or appertaining or therewith connected and wheresoever situated so as not to endanger the public health or safety. R.O. c. 30, s. 99; No. 17 of 1891-92, s. 4. 97. Nothing contained in this Ordinance shall authorise any such company or any person acting under the authority of the same to take, use or injure for the purposes of the company any house or other building or any land used or set apart as a garden, orchard, yard, park, paddock, plantation, planted walk or avenue to a house, or nursery ground for trees, or to convey from the premises of any person any water already appropriated and necessary for his domestic uses without the consent in writing of the owner or owners thereof first had and obtained. R.O. c. 30, s. 100. 98. Nothing in this Ordinance shall authorise any company established under it to interfere with or infringe upon any exclusive privilege granted to any other company. R.O. c. 30, 101. S. 99. Nothing in this Ordinance contained shall prevent any person from constructing any works for the supply of gas or water to his own premises. R.O. c. 30, s. 102. from distress 100. Neither the service nor the connecting pipes, wires or Exemption conductors of the company, nor any meters, lustres, lamps, and seizure pipes, gas fittings, electricity fittings, or any other property of any kind whatsoever of the company shall be subject to or liable for rent nor liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be nor be in any way whatsoever liable to any person for the debt of any person to and for whose use or the use of whose house or building the same may be supplied by the company notwithstanding the actual or apparent possession thereof by such person. R.O. c. 30, s. 103; No. 17 of 1891-92, s. 4. PROHIBITIONS AND PENALTIES. 101. If any person supplied by the company with gas, Nonpayment water or electricity neglects to pay the rent, rate or charge due of rates, etc. to the company at any of the times fixed for the payment thereof the company or anyone acting under its authority on giving forty-eight hours' previous notice to the person supplied may stop the supply of gas, water or electricity from entering or being supplied to the premises of the person in arrear as aforesaid by cutting off the service pipe or pipes, wires or conductors or by such other means as the company or its officers see fit and may recover the rent or charge due up to such time together with the expense of cutting off the gas, water or electricity as the case may be, in any competent court notwithstanding any contract to furnish for a longer time. R.O. c. 30. s. 104; No. 17 of 1891-92, s. 4. Entry of premises by 102. In all cases where the company may lawfully cut off and take away the supply of gas, water or electricity from any employees house, building or premises the company, their agents or their of company workmen upon giving forty-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the afternoon making as little disturbance and inconvenience as possible and may remove and take away any pipe, meter, cock, branch, lamp, fitting or apparatus the property of and belonging to the company and any servant duly authorised by the company may between the hours aforesaid enter any house into which gas, water or electricity have been taken or supplied for the purpose of repairing and making good any such house, building or premises or for the purpose of examining any meter, pipe, apparatus or fitting belonging to the company or used for their gas, water or electricity and if any person refuses to permit or does not permit the servants and officers of the company to enter and perform the acts aforesaid the person so refusing or obstructing shall incur a penalty to the company, for every such offence, of $20 and a further penalty of $4 for every day during which such refusal or obstruction continues, to be recovered Removal of fittings, etc., with costs as hereinafter provided. R.O. c. 30, s. 105; No. 17 of 1891-92, s. 4. 103. Where any customer discontinues the use of the gas, where service or other means of lighting, or heating or water or electricity discontinued furnished or supplied by a company incorporated under this Ordinance or the company lawfully refuses to continue any longer to supply the same, the officers and servants of the company may at all reasonable times enter the premises in or upon which such customer was supplied with gas, or other means of lighting or heating, or water or electricity for the purpose of removing therefrom any fittings, machines, apparatus, meters, pipes, wires, conductors or other things, being the property of the company, in or upon such premises and may remove the same therefrom doing no unnecessary damage. R.O. c. 30, s. 106; No. 17 of 1891-92, s. 4. Expropriation ARBITRATIONS.. 104. If it is found necessary or deemed proper to conduct any of the pipes, wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the municipality for supplying which the company is incorporated and the consent of such Appointment person cannot be obtained for that purpose the company may of arbitrators take or use the land required and nominate and appoint a disinterested person and the owner or owners of the land taken or damaged may nominate and appoint another, which two persons so appointed shall nominate and appoint a third person and the said three persons shall act as arbitrators in the matter between the company and the owner or owners of the property. Powers and duties of arbitrators Payment of award Failure to appoint arbitrator (2) Nothing in this section shall authorise the company to take or use any house, land or property in contravention of section 97 of this Ordinance. R.O. c. 30, s. 108; No. 17 of 1891-92, s. 4: No. 38 of 1897, s. 34 (15, 16). 105. The said arbitrators shall examine all witnesses and administer all necessary oaths or declarations to them and the said arbitrators or a majority of them shall award, determine and adjudge what sum or sums of moneys respectively shall be paid to the owner or owners of the property so taken or damaged by the company, R.O. c. 30, s. 109. 106. The sum or sums of money so awarded shall be paid within three months after the date of the award and in default of such payment the owner or owners may resume the possession of his property with all the rights appertaining thereto but the company shall be held liable to such owner for any damage it may have done to the property. R.O. c. 30, s. 110; No. 38 of 1897, s. 34 (17). 107. In the event of the company or the owner of such property failing to appoint an arbitrator after eight days' notice. from one of the said parties to the other or of the said two arbitrators failing to appoint a third, the judge of the Supreme Court usually exercising jurisdiction in the judicial district within which the said property lies may appoint a third arbitrator and the decision of the said three arbitrators or a majority of them shall be binding on all parties concerned. R.O. c. 30, s. 111. ENFORCEMENT OF PENALTIES. for penalties 108. Unless otherwise herein provided proceedings for fines, Proceedings penalties and forfeitures imposed by this Ordinance may be taken by the company or by any person whose property is injured, to and for the use of the company or such person, either in the manner herein before directed or before a justice of the peace in a summary way. R.O. c. 30, s. 107. FEES FOR LETTERS PATENT. of letters 109. In addition to the cost of all necessary advertising in Fees on issue the official gazette of the Territories the following fees shall patent be paid on application for letters patent of incorporation and supplementary letters patent under this Ordinance: 1. When the capital stock of the company is $400,000 and upwards the fee to be $200; 2. When the capital stock of the company is $200,000 and upwards and under $400,000 the fee to be $150; 3. When the capital stock of the company is $100,000 and upwards and under $200,000 the fee to be $100; 4. When the capital stock of the company is $50,000 and upwards and under $100,000 the fee to be $50; 5. When the capital stock of the company is $40,000 and upwards and under $50,000 the fee to be $40; 6. When the capital stock of the company is over $10,000 and under $40,000 the fee to be $30; 7. And when the capital stock of the company is $10,000 or under the fee to be $20; 8. On application for supplementary letters patent the fees to be one half of that charged on the original letters patent. R.O. c. 30, s. 113; No. 38 of 1897, s. 34(19). SCHEDULE FORM A. (Section 15). Public notice is hereby given that under The Companies' Ordinance letters patent have been issued under the seal of the North-West Territories bearing date the day of incorporating (here state name, address and calling of each corporator named in the letters patent), for the purpose of (here state the undertaking of the company as set forth in the letters patent) by the name of (here state the name of the company as in the letters patent) with a capital stock of dollars divided into shares Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the North-West Territories bearing date the day of whereby the undertaking of the (here insert name of the company) has been extended to include (here set out the other purpose or objects mentioned in the supplementary letters patent). Dated at Regina this day of 1 FORM C. (Section 27.) Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the North-West Territories bearing date the whereby the total capital stock of (here state the name of the company) is increased (or reduced as the case may be) from day of |